February 13, 2018

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AGENDA

 

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

 

FEBRUARY 13, 2018

 

REGULAR SESSION BEGINS AT 6:30 P.M.

                                                               

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER

 

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California. 

 

This is an agenda for the scheduled meeting of the Town of Apple Valley.

 

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting.  The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

 

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours.  Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

 

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business.  If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

 

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.  Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

 

When called, approach the podium and if desired, please state your name before giving your presentation.   Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted. 

 

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

 

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities.  Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

 

TOWN COUNCIL REGULAR SESSION

 

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 P.M.    


ROLL CALL

 

COUNCIL MEMBERS: 

 

Emick_____, Nassif _____, Stanton _____, Mayor Pro Tem Cusack _____, Mayor Bishop _____.

 

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

 

OPENING CEREMONIES

 

INVOCATION:         Pastor Royce Baserra, Church for Whosoever     

          

PLEDGE OF ALLEGIANCE:  

 

PRESENTATIONS:      None.

 

PUBLIC COMMENTS

 

COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION

 

Boards, Committees and Commissions

 

TOWN COUNCIL ANNOUNCEMENTS

 

Suggested items for future agenda:

Time, Date & Place for Next Town Council Regular or Special Meeting:

A. Regular Meeting – Tuesday, February 27, 2018 – Council Chamber

      Regular Session at 6:30 p.m.

 

TOWN COUNCIL CONSENT AGENDA

 

Recommendation:   Adopt all below listed items on the Consent Agenda in one motion.  The Consent Agenda is composed of routine non-controversial items of business and will be adopted in whole in one motion unless a request is made by a Council Member to remove a specific item.

  

1.    Approval of Minutes of the Town Council

      A.    Regular Meeting – January 23, 2018

Recommendation:

Approve the subject minutes as part of the consent agenda.

      

2.    January 2018 Commercial Warrants and Wire Transfer Schedules

Recommendation:

That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

      

3.    January 2018 Payroll / Benefits Warrants Schedule

Recommendation:

That the Town Council receive, ratify and file the Payroll / Benefits Warrants as presented.

 

4.    Treasurer’s Report – December 2017 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund

Recommendation:

That the Town Council receive and file the December 2017 Treasurer’s Report.

      

5.    Claimant – Michael Stefanovich

Recommendation:

Reject the claim of Michael Stefanovich.

 

6.    Microsurface 16-17 – Project No. 2017-01

Recommendation:

A. Accept the work completed as part of the Microsurface 16-17 Project No. 2017-01 for a total contract costs of $1,462,988.30.

B. Direct the Town Clerk to file the Notice of Completion for the contract work.

C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

 

7.    Chip Seal 17-18 – Project No. 2018-01

Recommendation:

A. That the Town Council review and approve the bid documents for Chip Seal 17-18 – Project No. 2018-01

B. That the Town Council authorize staff to solicit bids for construction of said project.

 

8.    ADOPT Ordinance No. 495 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 2.15 (Town Treasurer) of Title 2 of the Town of Apple Valley Municipal Code Relating to the Office of the Town Treasurer and Chapter 2.60 (Personnel) of Title 2 of the Town of Apple Valley Municipal Code Relating to Exceptions of Chapter 2.60

Recommendation:

Adopt Ordinance No. 495 amending Chapter 2.15 (Town Treasurer) and Chapter 2.60 (Personnel) of Title 2 of The Town of Apple Valley Municipal Code by Amending Sections 2.15.010 and 2.15.020 Relating to the Office and Compensation of the Town Treasurer and Section 2.60.030 Relating to Exceptions of Chapter 2.60.

  

9.    ADOPT Ordinance No. 496 – An Ordinance of the Town Council of the Town of Apple Valley, California, to Amend Title 9 Development Code by Amending Section 9.71.140 of Chapter 9.71 Relating to the Town’s Acceptance of Lien Agreements as Securities for Subdivision Improvement Agreements

Recommendation:

Adopt Ordinance No. 496

 

10.   ADOPT Resolution No. 2018-03, a Resolution of the Town Council of the Town of Apple Valley, California, Amending the Nationwide Governmental Money Purchase Plan for the Town of Apple Valley

Recommendation:

That the Town Council adopt the attached Resolution No. 2018-03, a Resolution of the Town Council of The Town of Apple Valley, California, amending the current Nationwide Governmental Money Purchase plan document. 

 

11.   Claimant – Timothy Michael Krigbaum, Date of Incident: 01/06/2018

Recommendation:

Reject the claim of Timothy Michael Krigbaum

 

12.   Claimant – Timothy Michael Krigbaum, Date of Incident: October 2017

Recommendation:

Reject the claim of Timothy Michael Krigbaum.

 

13.   ADOPT Resolution No. 2018-04, a Resolution of the Town Council of the Town of Apple Valley, California, Adopting the Apple Valley South Safe Routes to School – Project No. 2018-02 Negative Declaration as Required by the California Transportation Commission

Recommendation:

Adopt Resolution 2018-04, a Resolution of the Town Council of the Town of Apple Valley, California, accepting the Negative Declaration and Notice of Determination as required by the California Transportation Commission.

 

PUBLIC HEARINGS

 

14.   Appeal of the Intent to Revoke Business License #00013688 Issued to Bright Futures Academy, LLC

Recommendation:

Either: (1) Dismiss the revocation action; or (2) Continue the item until the August 14, 2018 meeting of the Town Council on the condition that Bright Futures Academy continues to provide a monthly status report on its remediation efforts to the Town Manager, with a copy to the Town Attorney, on the first of each month until August 1, 2018.

 

15.   ADOPT Resolution No. 2018-02, a Resolution of the Town Council of the Town of Apple Valley, California, to Record Delinquent Utility Fees and Costs against Real Property Located in the Town of Apple Valley and Directing that Said Assessments Constitute a Lien upon Said Properties

Recommendation:

That the Town Council:

 

1. Open Public Hearing;

2. Adopt Resolution No. 2018-02, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties;

3. Close Public Hearing.
 

REPORTS, REQUESTS AND COMMUNICATIONS

 

BUSINESS OF THE COUNCIL

 

16.   Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2017

Recommendation:

It is recommended that the Town Council receive and file the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2017.

 

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

 

DEPARTMENTAL REPORTS AND BUSINESS

 

Town Manager Report

* Town Manager may call upon employees during this time to give updates on Town programs, projects and/or legislative update.


CLOSED SESSION

 

17.   Closed Session

 

A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

C. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8.  Property:  Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:  CIVDS1517935 - Apple Valley Ranchos Water Company vs. Town of Apple Valley Et Al.

E. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

F. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, CPUC Application No. 17-04-024 - In the Matter of the Application of Mesa-Crest Water Company (U333W) and Liberty Utilities (Park Water) Corp. (U314W) for an Order Authorizing Mesa-Crest Water Company to Sell and Liberty Utilities (Park Water) Corp. to Purchase the Utility Assets of Mesa-Crest Water Company.

G. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1725027 – Christina Lopez-Burton v. Town of Apple Valley.

 

ADJOURNMENT